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High Court Of ChhattisgarhWPC/126/2019dismissed

Devraj Sahu v. State Of Chhattisgarh

2019-01-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 126 of 2019 • Devraj Sahu S/o Late Aasharam Sahu Aged About 33 Years R/o Village Jogideepa, Post Patewa, Tahsil And District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home Affairs (Police), New Raipur, Mantralaya, New Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Canera Bank Branch Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

3. Director General Of Police, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Collector, Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

5. Superintendent Of Police, Mahasamund, Civil And Revenue District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

6. Station House Officer, Police Station Patewa, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

7. Directors Of Company, PACL India Limited, Regd. Office 22, 3rd Floor, Amber Tower, Sansar Chand Road, Jaipur - 302004, Corporate Office 7th Floor, Gopaldas Bhawan, 28 Barakhamba Road, New Dehli. 110001., District : New Delhi, Delhi ---- Respondents For Petitioner Shri Punit Ruparel, Advocate For Respondent-State Shri Sudeep Verma, Dy. GA Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 16/01/2019

1.

This is absolutely misconceived writ petition filed by one of the depositor of PACL India Limited, a chit fund company. Petitioner is claiming direction to the respondent authorities to recover the amount invested/deposited by the petitioner with the chit fund company and the same be paid to the petitioner so that he can repay the loan obtained from respondent No.2 Canara Bank, Mahasamund.

2.

There being no privity of contract or any relationship between the petitioner and the public authorities nor there being any promise held out to the petitioner by any such authority at any point of time for repayment of the amount deposited by the petitioner with the chit fund company nor any public authority is enjoined in law to recover the amount for the petitioner, no writ can be issued on the subject issue. Petitioner may file civil suit before the jurisdictional Civil Court for recovery of the amount from the respondent No.7 company.

3.

The writ petition is dismissed.

Sd/- Prashant Kumar Mishra Judge Nirala